Moral Theology: A Complete Course Based on St. Thomas Aquinas and the Best Modern AuthoritiesCallan, Charles J. (Charles Jerome)
Religion
Moral Theology: A Complete Course Based on St. Thomas Aquinas and the Best Modern Authorities
Callan, Charles J. (Charles Jerome)
Christian ethics -- Catholic authors
412. _Epieikeia_ may be defined, therefore, as a moderation of the
words of the law where in an extraordinary case, on account of their
generality, they do not represent the mind of the lawgiver; which
moderation must be made in the manner in which the lawgiver himself
would have made it, had he thought of the case, or would make it now,
were he consulted. Hence, _epieikeia_ differs from the various causes
that take away the obligation of a law, for it supposes the
non-existence of obligation from the beginning and non-comprehension in
the law.
Thus: (a) it is not revocation, desuetude, restrictive interpretation,
or dispensation; (b) it is not cessation on account of impossibility;
(c) it is not presumed permission or self-dispensation.
413. In its use _epieikeia_ is at once lawful and dangerous.
(a) It is lawful, for it defends the common good, the judgment of
conscience, the rights of individuals from subjection to a written
document, and from oppression by the abuse of power;
(b) it is dangerous, for it rests on the judgment of the individual,
which is prone to decide in his own favor to the detriment of the
common good as well as of self.
414. _Epieikeia_ by its very nature imposes certain limits on its use.
(a) It is based on the fact that a certain case is not comprehended in
a law, because the legislator did not foresee it.
Hence, _epieikeia_ is not applicable to the Divine Law; for the Divine
Lawgiver foresaw all cases that could arise, and so excluded all
exceptions (see 315). This is clear as regards the Ten Commandments and
other precepts of the Natural Law, since they deal with what is
intrinsically good or bad, and are unchangeable (see 307). But it
applies also to the prescriptions of the Positive Law of God, and
apparent cases of _epieikeia_, such as the eating of the loaves of
proposition by David (I Kings, xxi. 6), can be explained by the
cessation of law or divine dispensation. Examples: One may not excuse
certain modern forms of cheating on the plea that they were not thought
of when the Decalogue was given. One may not omit Baptism on the ground
that Christ Himself would have excused from it, had He foreseen the
circumstances.
(b) _Epieikeia_ is based on the principle that the words of a law must
be subordinated to the common good and justice. Hence, it is not
applicable to those laws whose universal observance is demanded by the
common good--that is, to irritant laws. Any hardship suffered by an
individual through the effect of such laws is small in comparison with
the injury that would be done to the common welfare if there were any
cases not comprehended in such laws; for irritant laws are the norms
for judging the validity of contracts and other acts, and public;
security demands that they be uniform and certain. Example: One may not
contract marriage with a diriment impediment, on the plea that the
Church would not wish the impediments to oblige under the serious
inconvenience that exists in one’s case.
Public-domain text, read in full here on John Shaqi.
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